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Subpart A-Regulatory Requirements

(49 FR 27921, July 9, 1984) for Alcoholism and Drug Abuse

8 792.104 Responsibilities of the Office of Programs and Services for Feder

Personnel Management. al Civilian Employees

OPM shall provide overall leader8 792.101 Statutory requirements.

ship for the Government-wide alcohol: Sections 290dd-1 and 290ee-1 of 42

ism and drug abuse program in coopUnited States Code, provide that the

eration with the Secretary of Health Office of Personnel Management shall

and Human Services. To accomplish be responsible for developing and

this, OPM shall develop and issue maintaining, in cooperation with the policy and program guidance, provide Secretary of the Department of technical assistance to agencies, and Health and Human Services, and with determine the overall effectiveness of other Federal departments and agen- the Government-wide program, as well cies, appropriate prevention, treat- as those programs at individual agenment, and rehabilitation programs and cies, based on program information reservices for Federal civilian employees quired of agencies. with alcohol and/or drug problems. To the extent feasible, agencies are en

(49 FR 27921, July 9, 1984) couraged to extend services to families of alcohol and/or drug abusing em

8 792.105 Agency responsibilities. ployees and to employees who have (a) Agencies shall establish and adfamily members who have alcohol minister programs through which and/or drug problems. Such programs practitioners who are knowledgeable and services shall make optimal use of in counseling and referral services can existing government facilities, services, offer and provide employees who have and skills.

alcohol and/or drug problems short[50 FR 16692, Apr. 29, 1985)

term counseling and/or referrals for

long-term counseling or treatment. $ 792.102 General.

(b) Agencies shall issue internal inIt is the policy of the Federal Gov.

structions implementing the requireernment to offer appropriate preven

ments of 42 U.S.C. 290dd-1(a) and tion, treatment, and rehabilitation

290ee-1(a) and this regulation. programs and services for Federal ci- (c) Whenever a manager/supervisor vilian employees with alcohol and/or becomes aware that a Federal employdrug problems. Short-term counseling ee's use of alcohol and/or drugs may and/or referral, or offers thereof, be contributing to a performance or shall constitute the appropriate pre- conduct deficiency, the manager/Suvention, treatment, and rehabilitation pervisor shall recommend counseling programs and services for alcohol and refer the employee to the agency abuse, alcoholism, and/or drug abuse counseling program. If an employee required under 42 U.S.C. 290dd-1(a)

fails to participate in any rehabilita: and 290ee-1(a). Federal departments

tive program or, having participated, and agencies must establish programs

the employee fails to bring conduct or to assist employees with these prob

performance up to satisfactory level, lems in accordance with the legislation

the agency shall evaluate the employ: cited in § 792.101.

ee accordingly and initiate an appro[50 FR 16692, Apr. 29, 1985)

priate performance-based or adverse

action. $ 792.103 Coverage.

(d) As requested, agencies shall anThis part applies to all positions in nually submit a report to OPM on Executive agencies as defined in sec- their counseling activities for the past tion 105 of Title 5 of the United States

fiscal year at a time, and in a manner, Code, and to those positions in the leg- set by OPM. islative and judicial branch of the Federal Government which are in the

(49 FR 27921, July 9, 1984, as amended at 50 competitive service.

FR 16692, Apr. 29, 1985)

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Sec. 831.101 Administration. 831.102 Basic records. 831.103 Evidence. 831.104 Application. 831.105 Computation of interest. 831.106 Disclosure of information. 831.107 Computation of time. 831.108 Major reorganization reduction in

force, or transfer of functions. 831.109 Initial decision and reconsider

ation. 831.110 Appeals. 831.111 Employee deductions and agency

contributions. 831.112 Definitions of employee. 831.113 Payments to children.

Subpart B-Coverage

831.201 Exclusions from retirement cover

age. | 831.202 Continuation of coverage for food

service employees of the House of Rep

resentatives. 831.203 Continuation of coverage for em

ployees of the Metropolitan Washington

Airports Authority. 831.204 Elections of retirement coverage

under the Portability of Benefits for Nonappropriated Fund Employees Act of 1990.

831.601 Purpose and scope. 831.602 Relation to other regulations. 831.603 Definitions. 831.604 Election at time of retirement of

fully reduced annuity to provide a cur

rent spouse annuity. 831.605 Election at time of retirement of a

fully reduced annuity or a partially reduced annuity to provide a former

spouse annuity. 831.606 Election of insurable interest an

nuity. 831.607 Election of a self-only annuity or

partially reduced annuity by married

employee and Members. 831.608 Waiver of spousal consent require

ment. 831.609 Changes of election before final

adjudication. 831.610 Marital status at time of retire.

ment. 831.611 Changes of election after final ad

judication. 831.612 Post-retirement election of fully

reduced annuity or partially reduced annuity to provide a former spouse annu

ity. 831.613 Post-retirement election of fully

reduced annuity or partially reduced annuity to provide a current spouse annu

ity. 831.614 Division of a survivor annuity. 831.615 Proof of eligibility for a child's an

nuity. 831.616 School attendance. 831.617 Rates of child annuities. 831.618 Marriage duration requirements. 831.619 Time for filing applications for

death benefits. 831.620 Commencing and terminating

dates of survivor annuities. 831.621 Election by a retiree who retired

before May 7, 1985, to provide a former

spouse annuity. 831.622 Annuities for former spouses of

employees or Members retired before

May 7, 1985. 831.623 Second chance elections to provide

survivor benefits. 831.624 Payments of required deposits. 831.625 Remarriage.

Subpart C—Credit for Service

831.301 Military service. 831.302 Unused sick leave. 831.303 Civilian service. 831.304 Service with the Cadet Nurse

Corps during World War II. 831.305 Service with a nonappropriated

fund instrumentality after June 18,

1952, but before January 1, 1966. 831.306 Service as a National Guard tech

nician before January 1, 1969. 831.307 Contract service.

Subpart D-Voluntary Contributions 831.401 Purpose and scope. 831.402 Definitions. 831.403 Eligibility to make voluntary con

tributions. 831.404 Procedure for making voluntary

contributions. 831.405 Interest on voluntary contribu



Sec. 831.626 Elections by previously retired re- 831.1109 Evidence. tiree with new title to an annuity.

831.1110 Initial decision. 831.627 Annual notice required by Public 831.1111 Appeal and review. Law 95-317.

831.1112 Final decision. 831.628 Changes in elections to provide a

current spouse annuity by a retiree who Subpart 1-Disability Retiroment on retired before May 28, 1986.

Application by an Agency 831.629 Deposit required to make an elec

tion under $ 831.611(b) or $ 831.628. 831.1201 Scope. 831.630 Elections between survivor annu- 831.1202 Definitions ities.

831.1203 Basis for filing application.

831.1204 Agency procedure. Subpart G-Computation of Annuities 831.1205 Office of Personnel Management

procedure. 831.701 Effective dates of annuities.

831.1206 Cancellation of retirement. 831.702 Adjustment of annuities. 831.703 Computation of annuities for part

Subpart M-Collection of Debts time service.

831.1301 Purpose. Subpart H-Reemployment of Retired 831.1302 Scope. Employees

831.1303 Definitions.

831.1304 Processing. 831.801 Definition of annuitant.

831.1305 Collection of debts. 831.802 Reduction in pay for reemployed 831.1306 Collection by administratif annuitants.

offset. 831.803 Supplemental annuity and redeter- 831.1307 Use of consumer reporting age: mined annuity.

cies. 831.804 Annuity entitlement following ter- 831.1308 Referral to a collection agency.

mination of annuity upon reemploy- 831.1309 Referral for litigation. ment.

Subpart N-Standards for Waiver of Subpart 1-law Enforcement Officers and


831.1401 Conditions for waiver. 831.901 Applicability and purpose.

831.1402 Fault. 831.902 Definitions.

831.1403 Equity and good conscience. 831.903 Conditions for coverage in primary 831.1404 Financial hardship. positions.

831.1405 Ordinary and necessary living ex831.904 Conditions for coverage in second

penses. ary positions.

831.1406 Waiver precluded. 831.905 Agency requests for OPM determi- 831.1407 Burdens of proof.

nation of primary positions. 831.906 Agency requests for OPM determi- Subpart 0—Allotments From Civil Service nation of secondary positions.

Annuities 831.907 Evidence. 831.908 Requests from individuals.

831.1501 Definitions. 831.909 OPM decisions.

831.1511 Authorized allottees. 831.910 Review of approved positions and 831.1521 Limitations.

certification to OPM. 831.911 Withholdings and contributions.

Subpart P-[Reserved) 831.912 Mandatory separation. 831.913 Reemployment.

Subpart Q-Court Orders Affecting Civil 831.914 Review of decisions.

Service Retirement Benefits

Subpart J-(Reserved)

Subpart K-Prohibition on Payments of


831.1101 Scope.
831.1102 Definitions.
831.1104 Notice.
831.1105 Answer; request for hearing.
831.1106 Hearing.
831.1107 Powers of presiding officers.
831.1108 Witnesses.

831.1701 Purpose.
831.1702 Relation to other regulations.
831.1703 Definitions.
831.1704 Qualifying court orders.
831.1705 Applications by former spouse.
831.1706 Amounts payable.
831.1707 Preliminary review.
831.1708 Notifications.
831.1709 Decisions.
831.1710 Lump-sum credits.
831.1711 Effective dates.
831.1712 Death of the former spouse.

Sec. 831.2010 Transfers between retirement sys


Sec. 831.1713 Limitations. 831.1714 Guidelines on interpreting court

orders. 831.1715 Liability. 831.1716 Receipt of multiple court orders. 831.1717 Cost-of-living adjustments. 831.1718 Settlements. APPENDIX A TO SUBPART Q OF PART 831




Subpart U—Deposits for Military Service 831.2101 Purpose. 831.2102 Scope. 831.2103 Definitions. 831.2104 Eligibility to make deposits. 831.2105 Filing an application to make de

posit. 831.2106 Processing applications for depos

it for service. 831.2107 Payments on deposits.

Subpart R-Agency Requests to OPM for Re

covery of a Debt From the Civil Service Retirement and Disability Fund

831.1801 Purpose. 831.1802 Scope. 831.1803 Definitions. 831.1804 Conditions for requesting an

offset. 831.1805 Creditor agency processing for

non-fraud claims. 831.1806 OPM processing for non-fraud

claims. 831.1807 Installment withholdings. 831.1808 Special processing for fraud


Subpart 5-State Income Tax Withholding

831.1901 Definitions. 831.1902 Federal-State agreements. 831.1903 OPM responsibilities. 831.1904 State responsibilities. 831.1905 Additional provisions. 831.1906 Agreement modification and ter

mination. 831.1907 Authority to use the Federal Per

sonnel Manual System.

Subpart V-Alternative forms of Annuities 831.2201 Purpose. 831.2202 Definitions. 831.2203 Eligibility. 831.2204 Alternative forms of annuities

available. 831.2205 Computation of alternative form

of annuity. 831.2206 Election to pay deposit or rede

posit for civilian service. 831.2207 Partial deferred payment of the

lump-sum credit if annuity commences after January 3, 1988, and before Octo

ber 1, 1989. 831.2208 Partial deferred payment of the

lump-sum credit if annuity commences after December 2, 1989, and before Octo

ber 1, 1995. 831.2209 Redetermined annuity after re

employment. SOURCE: 33 FR 12498, Sept. 4, 1968, unless otherwise noted.

AUTHORITY: 5 U.S.C. 8347; $ 831.102 also issued under 5 U.S.C. 8334; $ 831.106 also issued under 5 U.S.C. 552a; § 831.108 also issued under 5 U.S.C. 8336(d)(2); $ 831.204 also issued under sec. 7202(m)(2) of the Omnibus Budget Reconciliation Act of 1990, Public Law 101-508; $ 831.303 also issued under sec. 7001(b) of the Omnibus Budget Reconciliation Act of 1990, Public Law 101508; $ 831.502 also issued under 5 U.S.C. 8337; $ 831.502 also issued under sec. 1(3), E.O. 11228, 3 CFR 1964-1965 Comp.; $ 831.621 also issued under sec. 201(d) of the Federal Employees Benefits Improvement Act of 1986, Public Law 99-251; subpart S also issued under 5 U.S.C. 8345(k); subpart V also issued under 5 U.S.C. 8343a and sec. 6001, Public Law 100-203; $ 831.2203 also issued under sec. 7001(a)(4) of the Omnibus Budget Reconciliation Act of 1990, Public Law 101-508.

Subpart T-Payment of Lump Sums 831.2001 Definitions. 831.2002 Eligibility for lump-sum payment

upon filing an Application for Refund of

Retirement Deductions (SF 2802). 831.2003 Eligibility for lump-sum payment

upon death or retirement. 831.2004 Amount of lump sums. 831.2005 Designation of beneficiary for

lump-sum payment. 831.2006 Designation of agent by next of

kin. 831.2007 Notification of spouse and/or

former spouse before payment of lump

sum. 831.2008 Waiver of spouse and/or former

spouse notification requirement. 831.2009 Court orders or decrees prevent

ing payment of lump sums.

Subpart A-Administration and

General Provisions

8 831.101 Administration.

(a) OPM has charge of the adjudication of all claims arising under subchapter III of chapter 83 of title 5, United States Code, and of all matters directly or indirectly concerned with these adjudications.

(b) In the adjudication of claims arising under subchapter III of chapter 83 of title 5, United States Code, OPM shall consider and take appropriate action on counterclaims filed by the Government as set-offs against amounts in the Civil Service Retirement and Disability Fund.

(c) For purposes of this part, the term Associate Director" means the Associate Director for Compensation in OPM.

agency, or OPM should request inferior or secondary evidence which is then admissible. 8 831.104 Application.

(a) Except as provided in paragraph (b) of this section, applications under subchapter III of chapter 83 of title 5, United States Code, shall be filed with OPM and shall be on forms prescribed by OPM.

(b) Applications to make deposit for military service shall be filed in accordance with subpart U of this part. (48 FR 38783, Aug. 26, 1983)

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[33 FR 12498, Sept. 4, 1968, as amended at 34 FR 17617, Oct. 31, 1969)

8 831.102 Basic records.

Every Federal department, agency, corporation or branch, whether executive, legislative, or judicial, and the District of Columbia Government (included in this part collectively in the term department or agency) having employees or Members of Congress (hereinafter referred to in this part as Members) subject to subchapter III of chapter 83 of title 5, United States Code, shall initiate and maintain retirement accounts for those employees and Members as prescribed in Federal Personnel Manual Supplement 831-1.

8 831.105 Computation of interest.

(a) The computation of interest is on the basis of 30 days to the month. Interest is computed for the actual calendar time involved in each case, but whenever applicable the rule of ave: age applies.

(b) Interest is allowed on current de ductions and deposits at the rate of 4 percent per year to December 31, 1947, and 3 percent per year thereafter, compounded annually, to December 31, 1956. After December 31, 1956, except as provided below, interest is allowed at the rate of 3 percent per year, compounded annually, to date of final separation or transfer to a position that is not covered by the retire. ment system. After December 31, 1956, interest is not allowed:

(1) When an employee has one year or less of covered service,

(2) For any fractional part of a month in the total service, or

(3) For more than five years' civilian service.

(c) Interest at the rate of 3 percent per year through December 31, 1984, and, thereafter, at the yearly rate determined by the Secretary of Treas. ury, compounded annually, is allowed on voluntary contributions during periods of employment and, after the employee or Member has completed at least 5 years' civilian service, during periods of separation until the beginning date of annuity or death, which ever is earlier. For refund purposes, however, interest on voluntary contributions terminates on the date of the employee's or Member's final separa: tion or on the date of the employee's

8 831.103 Evidence.

(a) Standard Form 2806 (Individual Retirement Record) is the basic record for action on all claims for annuity or refund, and those pertaining to deceased employees, deceased Members, or deceased annuitants.

(b) When the records of the department or agency concerned are lost, destroyed, or incomplete, the department or agency shall request the General Accounting Office, through OPM, to furnish the data that it considers necessary for a proper determination of the rights of the claimant. When an official record cannot develop the required information, the department,

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